Rep. Cory Gardner is seeking clarity on the constitutionality of the Justice Department’s decision to overlook federal law in Colorado regarding recreational use of marijuana.

WASHINGTON — Rep. Cory Gardner has sought clarity on the constitutionality of the Justice Department’s decision to not block marijuana legalization in Colorado or close down recreational marijuana stores, so long as the stores abide by state regulations.

In a letter to Attorney General Eric Holder, Gardner asked whether the Department has constitutional authority in “overriding federal law” in Colorado and Washington, whose voters also approved the use of recreational marijuana. Gardner also seeks answers on whether this decision sets precedent to allow states to opt out of other federal laws.

Colorado voters approved legal use of recreational marijuana last year, but marijuana possession and distribution is still illegal under federal law.

Gov. John Hickenlooper sought clarity last year after the November vote and Holder got back to him — and 49 other governors — last week with guidance. In short, Holder expects states to craft their own regulatory and enforcement structures and have “effective enforcement” of those rules around recreational marijuana.

“While I commend the DOJ for finally issuing guidance after nearly ten months since Colorado voters legalized marijuana’s recreation use, its new policies are in contrast to the Controlled Substances Act,” Gardner wrote to Holder. “Do you believe the DOJ has the authority to override federal law? Do you believe you have the authority to change law without the approval of Congress?”

Justice spokeswoman Dena Iverson told The Denver Post the Department is “reviewing” Gardner’s letter. She would not elaborate further.

“Does this set a precedent for other areas?” Gardner wrote. “For example, several states have passed laws to opt out of the Patient Protection and Affordable Care Act, yet the federal government has consistently said it will take over health insurance industries regardless of states that contest the law … would you explain the inconsistencies?”

Lynn Bartels thinks politics is like sports but without the big salaries and protective cups. The Washington Post's "The Fix" blog has named her one of Colorado's best political reporters and tweeters.

Joey Bunch has been a reporter for 28 years, including the last 12 at The Denver Post. For various newspapers he has covered the environment, water issues, politics, civil rights, sports and the casino industry.